AN ONLINE BASED COMPANY THAT SPECIALIZES WITH ADVERTISING, MARKETING, PUBLISHING
OUR VISION IS TO CREATE A WORLD CLASS COMPANY THAT PROVIDES EXCELLENT SERVICES AND
MEETS THE NEEDS OF OUR CLIENTS. QUALITY SERVICES AND PRODUCTS ARE OUR KEY TO SUCCESS.
Upload-Net hereby sells the service to the User on the terms and conditions herein
contained which terms and conditions the User is deemed to have familiarized himself/herself
with and to have irrevocably accepted.
2.1 In these terms and conditions: "the User" means the party who has purchased the
service and/or any person using the service;
2.2 "the service" means the Internet service described herein provided by Upload-Net
to the User in terms of the terms and conditions herein contained;
2.3 "Upload-Net " means Upload-Net (web-designing company)
3. PROVISION OF SERVICE
3.1 The User shall solely be responsible, unless otherwise stated in this agreement,
for provisioning, configuration and maintenance of all equipment on their premises,
including (but not limited thereto) computer hardware equipment, telecommunication
equipment, modems and the like, which is or may be necessary for the User to obtain
and retain access to the required service(s).
3.2 The User shall be liable for all telephone call charges and other third party
costs incidental thereto.
4. AVAILABILITY OF SERVICE
4.1 Upload-Net shall make every effort to make the service available at all times
and shall use its utmost endeavours to strive for 100 % (one hundred percent) uptime.
Upload-Net is, however, unable to guarantee 100 % (one hundred percent) uptime.
4.2 Upload-Net shall strive at all times to provide Users with prior notice, where
possible, of scheduled maintenance so as to avoid Users having to log-off for any
period of time.
4.3 IUpload-Net shall not be responsible for the performance of external communications
networks to which the service is connected, and which networks include the networks
of Internet Service Providers other than itself.
4.4 The User accordingly indemnifies Upload-Net against all claims of whatsoever
kind and whether foreseeable or unforeseeable, as a result of Upload-Net being unable
to make its service available to the User under the circumstances described in this
4.5 Upload-Net will provide the service strictly subject to the terms and conditions
prescribed by the competent regulatory authority.
4.6 Any faulty hardware, (namely modems, servers and routers) must be returned to
IUpload-Net (Pty) Ltd and we will endeavor to repair. Should Upload-Net need to
collect or deliver, collection and delivery costs, including courier cost will be
invoiced to the client. If unable to repair, IUpload-Net (Pty) Ltd will forward
the equipment to the supplier for an evaluation and quote to repair. Unless the equipment
is under warrantee, repair quotes will be invoiced to the client.
5. USER ETIQUETTE
5.2 The User shall not use the service in a manner which:
5.2.1 constitutes a violation of any law, regulation or tariff that may be in force
in South Africa or elsewhere;
5.2.2 constitutes and act or omission that is generally unacceptable or offensive
to Internet users in general, to the public at large or as same may be determined
from time to time by Upload-Net in its sole discretion, specifically including (but
not limited to) the hosting of pornographic material, spamming, hacking and unsolicited
5.2.3 is defamatory, fraudulent or deceptive;
5.2.4 is intended to threaten, harass or intimidate;
5.2.5 tends to damage the name or reputation of Upload-Net, its holding company,
affiliates or subsidiaries; or
5.2.6 interferes with the use and enjoyment of Internet related services of Users
5.3 The User undertakes to abide by all laws applicable to copyright, re-distribution
or re-sell of any data and/or information retrieved from the service and/or the Internet
as specified or implied by Upload-Net or any of the local or foreign service providers
or laws governing the provisions of the service and Internet.
6. PAYMENT FOR SERVICE
The User pays to Upload-Net such charges as levied by Upload-Net from time to time
6.1 Monthly Subscriptions The charge for a subscription to the Service on a monthly
basis is a monthly fee, payable monthly in advance by the User to Upload-Net, including
a pro-rata charge for the first months billing. Payment is rendered without deduction,
free of exchange or set-off by way of debit order, or in such manner as determined
by Upload-Net. This amount is non-refundable.
6.2 Bi-annual Subscriptions The charge for a subscription to the Service on a bi-annual
basis is payable in full in advance by the User, on invoice, to Upload-Net. This
amount is non-refundable. Bi-annual subscriptions will be renewed automatically unless
Upload-Net is notified in writing differently.
6.3 Annual Subscriptions The charge for a subscription to the Service on an annual
basis is payable in full in advance by the User, on invoice, to Upload-Net. This
amount is non-refundable. Annual subscriptions will be renewed automatically where
the User has supplied banking details unless Upload-Net is notified differently.
6.4 Usage fees, where applicable, will be billed in arrears.
6.5 Without prejudice to rights granted to Upload-Net in terms hereof, any amount
due by the User to Upload-Net not paid on due date thereof:
6.5.1 shall bear interest at a rate equal to the maximum allowable in terms of the
Usury Act, 1968, calculated daily in advance from date payment was due until date
of actual payment thereof; and
6.5.2 Upload-Net shall be entitled to take all such steps, without notice to the
User, as may be necessary to recover such outstanding amount. The User shall be liable
to pay all costs incurred in respect of the recovery of such outstanding amount.
6.6 Upload-Net reserves the right to levy a charge for handling fees at an amount
determined by Upload-Net for monies due in the event of a Users payment being returned
or rejected by the Users bankers.
6.7 Upload-Net furthermore reserves the right to blacklist with any or all credit
bureau agencies within the Republic of South Africa, any such User who fails to comply
with the payment agreement for subscription to the Service. In addition, Upload-Net
will not be held responsible or be required to assist with the removing or rescinding
of any such information which may be recorded by a credit bureau agency.
6.8 Upload-Net reserves the right to amend Service subscription charges at its sole
discretion. Upload-Net shall give the User 30 (thirty) days notice of any such amendment
and the User shall be bound to such adjustments.
6.9 Upload-Net will bill and debt all Top Ups, Set Up Fees and Pay As You Go Billing
on the 15th and the first of each month.
7. SUSPENSION / DISCONNECTION OF SERVICE
Upload-Net may from time to time and without notice, suspend and / or disconnect
a User from the Service in any of the following circumstances:
7.1 During any technical failure, modification or maintenance of the Service, provided
that Upload-Net will use its reasonable endeavours to resume the Service as soon
7.2 Should the User fail to comply with any of the Terms and Conditions of this agreement,
including failure to pay any charges due, until the breach, if capable of remedy,
is remedied, or does, or allows to be done, anything which in Upload-Net's opinion
may have negatively affected the operation of the Service.
7.3 If the User fails to make the required payment of such monies due to Upload-Net
for subscription to the Service, and or in the event of a User being in arrears on
either monthly, bi-annual or annual payments, with no attempt from the User to resolve
7.4 Upload-Net reserves the right to levy a re-connection charge, an amount determined
and calculated at the discretion of Upload-Net, payable by the User on invoice, for
any request to be re-connected to the Service, and irrespective of how the Service
was suspended or disconnected.
7.5 Notwithstanding any suspension of the Service in terms hereof, the User shall
remain liable for all charges due throughout the period of suspension unless Upload-Net
in its sole discretion determines otherwise in writing.
7.6 Reactivation of suspended services will only be done once all payments have been
received. Turnaround time for reactivation of suspended services is 48 hours.
8. TERMINATION OF SERVICE
Under normal circumstances, written notice on or before the 23rd of every month from
either party for any reason whatsoever is required to terminate an existing Service.
Any cancellation received after the 23rd of a month will result in a final debit
for the following month.
8.1 CANCELLATION PROCEDURE TO FOLLOW:
Should you wish to cancel any service that you have with Upload-Net this must be
done in writing and may be cancelled by fax or e-mail.
To cancel by fax, you must fax through the cancellation notice to the fax number
0861 898989, and you must also obtain a proof of sending of this fax from the machine
that it was sent from, and this proof of the successful sending of the fax must be
retained by you, so that in the event of a query you have the proof.
If you want to cancel by e-mail, then an email can be sent through to the correct
e-mail address which is cancellations@Upload-Net.co.za An automated response to
the senderâ€™s email will confirm receipt of the cancellation. We advise you to
retain this response in your e-mails ( DO NOT DELETE IT) as proof of the cancellation
request in the event there is a query. Should you not receive confirmation of
receipt of your e-mail, then you are very welcome to query this with us and resend
until you do get one.
You are also welcome to back up your action by sending a fax if you so wish, following
the procedure outlined above.
9. REGULATORY COMPLIANCE
The User undertakes to comply with all regulatory obligations that may now or in
the future be imposed by the body under whose authority the service falls. The User
furthermore acknowledges that the imposition of regulatory obligations by such body
may necessitate amendments to be effected to these terms and conditions and hereby
consents to Upload-Net effecting such amendments without prior notice.
The User hereby indemnifies and holds Upload-Net, its employees, agents, dealers
and/or distributors harmless against any and all losses, injury, damage, penalties
and/or claims of whatsoever nature and howsoever arising from or in connection with
The User hereby irrevocably consents to the jurisdiction of the Magistrates? Court
in terms of Section 28 of the Magistrates? Courts Act of 1944, provided that Upload-Net
shall, should it so elect, be entitled to institute proceedings in the High Court
of South Africa.
12. CESSION AND DELEGATION
Upload-Net shall be entitled to cede and transfer or delegate to any third party,
at its absolute discretion, all or any of its rights and obligations under these
terms and conditions.
13.1 The User acknowledges and agrees that these terms and conditions govern the
Users use of the service and that there are no other agreements, guarantees or representations,
either verbal or in writing, in regard thereto.
13.2 The User shall not, without the express written permission of Upload-Net, resell
or make available to any third party such services as they might receive from Upload-Net.
13.3 These terms and conditions may change from time to time. The User may view such
terms and conditions at http://www.Upload-Net.co.za/terms and unless otherwise notified,
Upload-Net shall deem that the User has acknowledged and agreed thereto within 14
(fourteen) days of such changes being effected.
14. AMENDMENT OF THIS AGREEMENT
Upload-Net reserves the right to amend this agreement from time to time without notice
to you. Any new version of the agreement will be displayed on our web site together
with the date on which it will become effective, which will never be less than 30
days after the date on which it is first displayed. It is your obligation to visit
our web site on a regular basis in order to ascertain whether any amendments have